Medical Marijuana Battle Fought In County Courtroom

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A legal contest in Lenawee County Circuit Court over Michigan's medical marijuana rules is to stretch into a third day after two doctor's failed to appear Friday for a hearing in a Rome Township man's criminal case.

An attorney for Kevin Robert McGrath, 43, is asking the court to dismiss marijuana manufacturing charges brought against him after a police raid of his home on July 15, 2011. The Lenawee County Prosecutor's Office is asking the court to rule out a medical marijuana defense.

A Michigan State Police laboratory report stated 99 plants were seized from McGrath's home on North Hawkins Highway, said assistant prosecutor Douglas Hartung while questioning McGrath.

"I got a good laugh out of that too," McGrath said. He said he had no more than 60 or 62 actual plants.

The number of plants would be legal under Michigan's medical marijuana law if McGrath's medical marijuana card and those of five patients he was registered to supply marijuana to are upheld as legitimate.

Defense attorney Thomas Lavigne of Detroit questioned McGrath about the amount of marijuana he was growing and processing for himself and five others.

"I don't believe I was beyond reasonable at any time," McGrath said.

Hartung questioned how he defined a reasonable amount without a doctor or some other authority to prescribe a dosage level.

McGrath said he relies on advice from other growers and his own experiments to decide how much and what type of marijuana to put in butter he and his patients use in cooking.

"Some strains (of marijuana) were so potent you were basically knocked into the couch," McGrath said.

McGrath's doctor testified she did not have expertise on what dosages are appropriate. She said she signed his application for a state medical marijuana card after his first visit in September 2010, seeking treatment for a condition causing back pain.

Two doctors Lavigne had subpoenaed to testify Friday failed to appear.

Judge Margaret M.S. Noe ordered the hearing continued to a later date so their testimony could be included.

Noe earlier ruled against hearing testimony from a Detroit man who described himself as a professional marijuana caregiver and consultant. There was no basis presented to qualify Justin Edin as an expert who could give an opinion on whether McGrath was growing a legal amount of marijuana, she said.

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Source: lenconnect.com
Author: Dennis Pelham
Contact: - Adrian, MI - The Daily Telegram - Adrian, MI
Website: Medical marijuana battle fought in county courtroom - Adrian, MI - The Daily Telegram - Adrian, MI
 
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